Transport & Logistics
Well organized and effective transport and logistics systems are at the fulcrum of economic growth and stability. Governments and individual and corporate entities are well aware of the crucial role an efficient transport system plays building a commercially sustainable economy.
Especially as it promotes the efficient movement of goods and services and foster a profitable network of demand and supply in any society.
Our Transport & Logistics Practice group is well positioned to help our clients create sustainable solutions in the areas of aviation & logistics, shipping & oil services and rail.
We deploy our industry expertise and market exposure in providing legal advisory on regulatory compliance and industry requirements both locally and internationally. Our good relationship with regulators, built up over the years, has enabled us to provide practical and expedient services to clients on the registration or de-registration of their interests in helicopters, aircrafts and ships of all types and in the transfer of their interests in these assets. We have acted as Nigerian counsel to international companies with transportation assets in Nigeria in connection with the lease of helicopters to Nigeria entities for their use in Nigeria.
Our Shipping and Oil Services team has advised international and domestic maritime companies in relation to the management of vessels and provision of technical and commercial ship management services in the Nigerian maritime and oil services sectors, we have also advised clients in connection with multi-million-dollar acquisition of ships as well as the sale and charter of ships and the registration of these transactions with various regulatory agencies. We also advise clients on international transactions and have assisted clients in liaising with ship registries and maritime regulatory agencies in other countries.
We are strategically positioned to service providers, users as well as investors in the transport & logistics industry. With a keen evaluation of obtainable legal regimes and standard practices in the industry, we are preoccupied with securing the interests of our clients domestically and globally by providing effective industry perspectives and structuring agreements that are commercially and operationally viable for our clients. We as well represent clients in dispute resolution issues, in the industry.
Our Transport & Logistics practice group, especially the Aviation & Logistics and Shipping & Oil Services team, works closely with our Dispute Resolution practice group in protecting our clients’ interests in their assets and undertakings.
Representative Experience
- Advised a leading multinational oil company on the proposed restructuring of its operations to include a fleet of fixed wing aircraft in Nigeria, for the primary purpose of, conveying its staff and their families, its contractors and medical staff, and occasionally, other non-paying passengers within Nigeria.
- Advised a leading European helicopter operator, servicing the onshore and offshore sectors, on helicopter leases into Nigeria.
- Advised Export Development Canada in relation to the multi-million-dollar financing of three (3) CRJ1000 aircraft and four (4) Q400 aircraft by Bombardier Inc., and two (2) spare engines by Pratt & Whitney, Canada to be used by Arik Air.
- Advised Waypoint Leasing on, the Nigerian law aspects of: the restructuring of its balance sheet and leverage as approved by the United States Bankruptcy Court for the Southern District of New York; and subsequent sale of its helicopter assets and management platform portfolio to Macquarie Rotorcraft Leasing (part of the Macquarie Group).
- Advised Macquarie Rotorcraft Leasing on the change of ownership and registration of interests in the helicopters operating in Nigeria, following their purchase from Waypoint Leasing.
- Advised on the de-registration of an AgustaWesland AW139 helicopter from the Nigerian Aircraft registry and obtaining the requisite clearances from regulatory authorities, following the cancellation of the aircraft lease.
- Advised RSA Insurance Group PLC and its assured, Damco Logistics (Nigeria) Limited, in relation to the damage to a switchgear medium voltage regulator during the Nigerian leg (from Apapa port, Lagos to Abuja in the Federal Capital Territory) of its multimodal transport from the United States of America to Nigeria.
- Advised Waypoint Leasing in connection with the lease of an AugustaWestland AW139 helicopter to Court Helicopters Nigeria Limited for use within the Nigerian oil and gas industry.
- Advised Sterling Bank PLC in relation to a US$10,000,000 term loan facility advanced to a Nigerian marine company for the purpose of financing the acquisition of a double hull motor tanker vessel.
- Advised Sea Trucks Group Limited (in Liquidation) (and its subsidiary companies) (“STG”), leading provider of offshore installation, accommodation and support services to the Oil & Gas industry worldwide, on the restructuring of the US$575 million Norwegian law Senior Secured Bonds issued by STG.
- Advised FIM Bank, Malta in connection with its client’s acquisition of a motor tanker vessel (that FIM Bank was part financing) from a Nigerian marine company.
- Advised Phoenix-MMEER III Limited in connection with a multi-million-dollar senior secured asset backed term loan facility advanced by a foreign lender for the acquisition of twelve (12) liftboats from Hercules Oilfield Services Limited, Hercules Liftboat Company LLC and Hercules Offshore Nigeria Limited.
- Advised on the de-registration of an AgustaWesland AW139 helicopter from the Nigerian Aircraft registry and obtaining the requisite clearances from regulatory authorities, following the cancellation of the aircraft lease.
- A Partner led the team that advised Guaranty Trust Bank PLC on a cross-border aircraft financing (involving Nigeria, UAE, Guernsey and Malta) for the acquisition of an Embraer Legacy 600 aircraft. In conjunction with Guernsey appointed counsel, the first charge on the Channel Islands Aircraft Registry (Guernsey) was registered. The aircraft and the Bank’s charge were subsequently registered on the Malta Aircraft Register.
- Advised Fluid Power Marine Services Limited in the successful recovery of multi-million Naira worth of mooring charges in respect of a lift boat.
- Defended a foreign ship owner and its master in relation to a claim for unpaid brokerage commission commenced at Federal High Court of Nigeria by a Nigerian oil service company.
- Currently defending the Owners of a vessel, on the instructions of the London P&I Club (member of the International Group of P&I Clubs (“IGP”), in connection with an alleged damage to bagged rice by a Nigerian charterer.
- Currently defending Nepal Oil & Gas Limited in connection with a wrongful arrest claim commenced against it at Federal High Court of Nigeria.
- Currently defending the Owners of a vessel, Quest Shipping Limited, in relation to a collision claim before the Federal High Court of Nigeria and a subsequent appeal before the Court of Appeal.
- Acting for KPI Bridge Oil AS in relation to a vessel arrest proceeding at the Federal High Court Nigeria for claims of unpaid bunker fuel delivered to the vessel.
- Currently acting for Ejovi Dredging and Marine Services Limited in relation to recovering possession of a vessel from its bareboat charterers.
- Defending the Owners of a vessel, on the instructions of The American Club (member of the IGP), in relation to a collision claim before the Federal High Court of Nigeria.
- Acted for GPK Marine Management Services Group FZ-LLC in the successful recovery of circa US$3,000,000 unpaid hire from a Nigerian EPC contractor. We had to procure, inter alia, the arrest of the debtor’s vessel in Singapore, as well as commence English law arbitration in London, to recover the unpaid hire.
- Acted for Sea Trucks Group Limited (in Liquidation) (and its subsidiary companies) (“STG”), in relation to several London arbitrations and suits before the Lagos State High Court, Federal High Court and the Court of Appeal for the repossession of vessels chartered out to and under the control of STG’s former Nigerian affiliate, West African Ventures Limited and its subsidiaries.
- Defended the Chinese Owners of an arrested vessel, on the instructions of the West of England Club (member of the IGP), in relation to alleged unpaid bunkers (ordered by a previous time charterer of the vessel) claim before the Federal High Court of Nigeria.
- Successfully defended the Owners of a vessel, on the instructions of the American Club, in connection with a pre-emptive claim, filed by a Nigerian charterer and its guarantor, for the Federal High Court of Nigeria not to recognise and enforce a London arbitral award (made pursuant to the rules of the London Maritime Arbitrators Association) made against the Nigerian charterer and its guarantor.
- Acted for Monjasa AS in the arrest of a Norwegian owned vessel in Lagos for unpaid bunker fees; negotiated settlement of the matter and the payment of the outstanding bunker fees; and obtained the release order for the vessel upon settlement of the matter.
- Advised Bambini S.p.A in relation to the detention of one of its vessels by the Nigerian Ports Authority as a result of an alleged infraction by a Nigerian charterer.
- Advised Siem Offshore Incorporated in relation to its proposed joint venture with a Nigerian offshore service company. We conducted due diligence on Nigerian target offshore service companies and advised on the joint, venture structure in light of the Nigerian Local Content Act, the Cabotage Act and other regulatory requirements.
- Advised Ocean Installer AS on its proposed incorporated joint venture with a Nigerian service company to provide the full range of subsea services including engineering, procurement, construction and installation services particularly within the subsea structures, umbilicals, risers and flowlines segment of the Nigerian oil and gas industry.
- Advised 2 members of the Poet Group of Companies, Singapore, on the bareboat charter of 2 offshore support vessels to a Nigerian EPC Contractor and the protection of the Owners interests’ in the aforesaid vessels whilst flying the Nigerian flag during the charter period.
- A Partner lead the team that advised Stanbic IBTC Bank PLC in connection with a multi-million-dollar senior secured asset-backed term loan advanced to an indigenous company for the purpose of refinancing the acquisition of a Platform Supply Vessel (PSV) and financing the acquisition of an Anchor Handling Tug Supply Vessel (AHTS).
- A Partner lead the team that advised a leading South African Bank in connection with the advance of multi-million-dollar term loan facilities (backed by export credit facilities) for the acquisition of multipurpose patrol and crew vessels by a Nigerian marine company.
- Advised Total E& P Nigeria Limited on an industry wide matter (involving the Nigerian Ports Authority and the Nigerian Maritime Administration and Safety Agency (NIMASA) affecting the major operators of offshore platforms and oil and gas exploration and production activities in Nigeria.
- 2 partners of the Firm were part of the team that advised a leading New York based private equity investment firm on the acquisition of a fleet of oil drilling rigs from a multinational drilling company which led to the establishment of Shelf Drilling.
- Acted for a Greek shipowner in relation to the recovery of a 21,000MT motor tanker bareboat chartered to a Nigeria shipping company. We exercised the power of attorney contained within the charterparty as well as the de-registration power of attorney issued in favour of Owners and registered with the Nigerian Flag Registry. We thereafter commenced proceedings at the Federal High Court of Nigeria against the Nigerian charterer for recovery of the owed sums.
- Acted for a Nigerian oil services company in relation to the recognition and enforcement of a London arbitral award (made pursuant to the terms of the London Maritime Arbitrators Association) against a leading oil and gas offshore services company operating in Nigeria and the West Africa, at the Federal High Court of Nigeria.
- Acted for The Swedish Club, Greek office (member of the International Group of P&I Clubs), in relation to the wrongful arrest of a Malta flagged 35,595GT Container Ship whilst she called at Lagos, Nigeria.
- Acted for Glander International Bunkering in the arrest of a vessel in Lagos for unpaid bunker fees; negotiated settlement of the matter and the payment of the outstanding bunker fees; and obtained the release order for the vessel upon settlement of the matter.
Awards & Rankings
- In Transport and Logistics, “The Bloomfield Team is not only technically versed, but also practically knowledgeable about the industry workings. Therefore, when the team proffers a solution, one is certain to receive a well thought-through implementable solution!”
The Legal 500 – 2020 Rankings - Bloomfield Law Practice’s shipping and transport mandates, covers “notable contentious and non-contentious issues”.
The Legal 500 – 2019 Rankings - Bloomfield Law Practice is recommended as ‘a strong choice for legal support in the shipping and transport sector’.
The Legal 500 – 2018 Rankings - The Firm was awarded the “Shipping Law Firm of the Year” award at the 2017 edition of the ESQ Nigerian Legal Awards.
- Members of the Firm’s Transport and Logistics practice are regularly recognized in Who’s Who Legal rankings for Nigeria.